Diane Dua and her friends had been able to sell their artwork in New York City parks until the Department of Parks and Recreation changed the rules and limited art vending to 100 "spots" allotted on a first-come, first-served basis.
When the group challenged the constitutionality of the City's actions, and their request to stop the policy's enforcement was denied by the New York County Supreme Court, the vendors appealed to the Appellate Division, First Department.
Because the City had a legitimate interest in "preserving and promoting the scenic beauty of its parks," "preventing congestion" and otherwise controlling their use, the AD1 was unreceptive to the vendors' case--particularly since the number of art sellers had tripled over the course of the last decade.
The regulations weren't viewed as impermissibly restrictive or broad since they applied to only a few venues and the group was still free to sell crafts in a number of other public areas. (The AD1 also didn't think that Dua and friends would suffer "irreparable harm" if the regulations were permitted to take effect.)
Wonder where they're parked now?
To view a copy of the Appellate Division's decision, please use this link: Dua v. New York City Dept. of Parks and Recreation